Attorney contacted me about lawsuit

Nurses General Nursing

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Attorney contacted me about a civil suit about a case filed against the hospital. I was not at fault, but they're literally trying to bring everyone involved. This happened over 2 years ago and no longer work for the hospital being sued. The attorney asked that I meet with him at my convenience and I said I have no interest in meeting wirh him or being "prepped" in any way. I've advised him the people they need to be talking to have MD, NP, or PA after their names, not RN.

I work nights to the tune of 60 hours a week and have zero interest taking time out of my sleep for which I won't be compensated when it's not of my doing. If I must appear in court, I will be in scrubs and sleeping.

What would you do?

There's only three ways a prudent person answers questions in a deposition" "Yes, No" and "I don't recall"

hppy

This is probably the best advice the OP can be given in this situation.
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Specializes in Critical Care.
There's only three ways a prudent person answers questions in a deposition" "Yes, No" and "I don't recall"

hppy

In every deposition I've been in, sticking to that rule would probably have got me a contempt of court charge. There are actually a long list of commonly asked questions in a deposition that can't be answered with just yes or no.

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actually you are entitiled to be compensated for your time with the attorney giving a statement. Present them with a bill that you feel is worth your time.

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This case hasn't identified me as being negligent or identified me as a malpractice complaint. Thus is against the MD'S that saw the patient named in the complaint filed in court for failing to diagnose and treat. I recognize this will go to trial and meeting with the defense attorney will have no bearing whatsoever in whether I'm called to testify. I already know that I will only agree to what I charted about the patient, nothing more and nothing less. I will have no contact with the plaintiff's counsel in the matter as well.

But I do like the idea of telling the attorney that if he wants to talk to me bad enough, he can show up at 1am when I take a lunch break.

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Specializes in ER/Tele, Med-Surg, Faculty, Urgent Care.
This case hasn't identified me as being negligent or identified me as a malpractice complaint. Thus is against the MD'S that saw the patient named in the complaint filed in court for failing to diagnose and treat. I recognize this will go to trial and meeting with the defense attorney will have no bearing whatsoever in whether I'm called to testify. I already know that I will only agree to what I charted about the patient, nothing more and nothing less. I will have no contact with the plaintiff's counsel in the matter as well.

But I do like the idea of telling the attorney that if he wants to talk to me bad enough, he can show up at 1am when I take a lunch break.

You still sound belligerent & defiant. You don't know the details but you have already decided what the case is all about? You know it is going to trial? They are just starting the investigative/exploratory phase which is why the Risk Management nurse from the hospital needs to talk to you, to have you review the chart. Where does it say you will be meeting with the defense attorney( not likely since the hospital lawyer also is needing to interview ( yes Interview not Interrogate) you. It isn't even a deposition yet, it is simply "gathering information" at this point. I had a similar situation, risk management nurse & I reviewed the chart, it had happened 4 years prior, I also no longer worked at the hospital. It took 2 sessions, 2-3 hours each and that was it. No deposition, no trial. Hospital settled for less then $5,000.

Suggest you call Risk Management STAT or yeah as PPs have indicated you will be summoned.

It truly opened my eyes as to how a malpractice suit is handled & I learned that my documentation was accurate. Never even met the hospital lawyer.

As for telling the attorney he can show up at 1 am? When you get served with a supoena/summons, you will be the one having to be present when it may not be convenient. As to you comment about showing up in courtroom in scrubs & asleep?

Very disrespectful to the judge and to the nursing profession.

Suggest you get a copy of Carolyn Buppert's book, it is for NP's but it does describe legal issues as far as scope of practice, negligence/malpractice etc.

You might want to review the nurse practice act for your state while your at it.

Let us know how it goes for you, doubt you will even respond.

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No Subpoena?...then ignore. No matter how "belligerent" or "defiant" others may find it, until you have received a subpoena you have a right not to participate in this matter.

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This will pretty much guarantee that you will be charged with contempt of court, which in many states is a mandated charge to report to the BON and you could lose your license. If for no other reason, taking part in the prep will help you clear up some of the misconceptions you seem to have which will be for your benefit.

Please STOP the slippery slope logic. You have no way to guarantee that she will be charged with contempt or lose her license for not participating in the preparation of legal matters, in which she has yet to be summons. Nor, are you in a position to insinuate such!

SMH

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Specializes in Critical Care.
Please STOP the slippery slope logic. You have no way to guarantee that she will be charged with contempt or lose her license for not participating in the preparation of legal matters, in which she has yet to be summons. Nor, are you in a position to insinuate such!

SMH

In a legal deposition or court proceedings you cannot decide you will only answer questions about your own charting, you will most likely be asked questions that go well beyond your own charting and refusing to answer those questions is pretty straightforward contempt. It's not a "slippery slope", it's a basic reality of testifying.

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There's only three ways a prudent person answers questions in a deposition" "Yes, No" and "I don't recall"

hppy

Yep, that's the truth. When I sued the NH my Mom was at my attorney told me not to volunteer any information and to answer "yes" "no" and "I don't recall".

I had a lot of the "I don't recall". If you answer with a "yes" or a"no" and if the case goes to trial and your answer is different than what you said during the deposition it will be used against you.

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Specializes in Critical Care.
Yep, that's the truth. When I sued the NH my Mom was at my attorney told me not to volunteer any information and to answer "yes" "no" and "I don't recall".

I had a lot of the "I don't recall". If you answer with a "yes" or a"no" and if the case goes to trial and your answer is different than what you said during the deposition it will be used against you.

That's pretty common advice so long as it is a yes or no question; if the question can be sufficiently answered with yes or no then leave it at that. If an opposing attorney asks what your resource is for determining how you perform a particular task then neither "yes" or "no" won't work.

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That's pretty common advice so long as it is a yes or no question; if the question can be sufficiently answered with yes or no then leave it at that. If an opposing attorney asks what your resource is for determining how you perform a particular task then neither "yes" or "no" won't work.

True. I am confused because I thought people aren't allowed to give legal advice here.

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Specializes in NICU, PICU, PACU.

Exactly. I tried to only answer yes to a question I was asked and then the judge ordered me to answer the question fully. It is all dependent on the question, the lawyer and the judge. I think that unless you have been to court yourself, it seems easy enough to answer this way or say you are only going to answer to your own charting. Usually doesn't work that way.

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